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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 12371238 OF 2019
(Arising out of S.L.P.(C) Nos.2842028421 of 2017)
Dr. H.K. Sharma ….Appellant(s)
VERSUS
Shri Ram Lal ….Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. Leave granted.
Application No.871 of 2017 in W.P.(MS) No.396 of
2016 and dated 17.07.2017 in W.P.(MS) No.396 of
2016 passed by the High Court of Uttarakhand at
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2019.01.28
17:20:17 IST
Nainital.
Reason:
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3. In order to appreciate the short controversy
mention infra.
4. The appellant is the “opposite party” whereas
application out of which these appeals arise.
bathroom, one store and two verandas (hereinafter
referred to as the “suit house”) to the appellant on a
them.
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6. On 28.04.2008, the respondent filed an
application under Section 21(1) (a) of the U.P. Urban
Buildings (Regulation of Letting Rent and Eviction)
Dehradun seeking his eviction from the suit house.
can live and, therefore, requires the suit house for
his personal residence as also for the residence of
the members of his family.
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denying the ground of bona fide need, it was
purchase of the suit house and pursuant thereto he
was contended that since the parties have already
entered into an agreement of sale/purchase of the
longer subsists and has come to an end.
the execution of the agreement between the parties
for the purchase of the suit house, the appellant is
no longer in possession of the suit house as tenant
but is now in possession as a purchaser of the suit
house in part performance of the agreement dated
13.05.1993 qua the respondent.
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10. In other words, it was contended that the
parties has come to an end and now the same stood
against the appellant for his eviction from the suit
house is not maintainable and, therefore, it is liable
to be dismissed on this short ground.
03.11.2010 dismissed the respondent's application
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and tenant between the parties has come to an end.
He also decided the issue of bona fide need against
the respondent and in appellant's favour.
Authority. The respondent (applicant) felt aggrieved
and filed the writ petition under Article 227 of the
Uttarakhand at Nainital.
High Court allowed the writ petition and set aside
the order of the Appellate Court and the Prescribed
03.10.2017 dismissed the recall application.
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14. The High Court held that mere agreement to
sell the suit house would not result in termination
of landlordtenant relationship between the parties
unless there is a stipulation in the agreement itself
(opposite party) is not a registered agreement, he is
respondent being an old man has every right to live
in his house in the last leg of his life and more so
when he has no other house of his own in the city
and, therefore, he has made out a case of bona fide
his family.
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15. It is against these two orders of the High Court,
appeals by way of special leave in this Court.
application filed under Section 21(1) (a) of the UP Act.
Hooda, learned senior counsel for the respondent.
17. Mr. Jitendra Sharma, learned senior counsel for
argued one point.
[(2000) 9 SCC 339], learned counsel contended that
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the High Court erred in allowing the application filed
by the respondent against the appellant.
19. It was his submission that the issue raised by
him in support of his submission remains no longer
appellant's favour.
20. Learned counsel elaborated his submission by
tenant enters into an agreement of sale/purchase of
tenancy and the tenant pursuant to such agreement
pays part consideration to the landlord towards sale
landlord and tenant comes to an end and ceases to
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existence a new relationship between the parties,
namely, that of the purchaser and the seller of the
tenanted premises.
21. It was his submission that it is for this reason,
the application filed by the respondent as landlord
wholly misconceived and not maintainable for want
Authority but wrongly allowed by the High Court by
the impugned order.
(applicantlandlord) supported the impugned order
and contended that no case is made to interfere in
the impugned order.
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23. Having heard the learned counsel for the
parties and on perusal of the record of the case, we
find no merit in these appeals.
24. The question, which arises for consideration in
whether it results in determination of the lease.
agreement to sell the tenanted property to his lessee
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execution of such agreement would ipso facto result
the leased property.
26. In our considered opinion, the aforementioned
parties intended to surrender the lease on execution
agreement.
27. Chapter V of the TP Act deals with the leases
Section 105 to Section 117.
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28. A lease of an immoveable property is a
rights are governed by Sections 105 to 117 of TP
enacted by the State.
determination of lease. Clauses (a) to (h) set out the
property can be determined.
lessee yields up his interest under the lease to the
lessor by mutual agreement between them whereas
Clause (f) provides that the lease can be determined
by implied surrender.
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31. This Court in the case of Shah Mathuradas
Maganlal & Co. vs. Nagappa Shankarappa Malage
& Ors., (1976) 3 SCC 660 considered the scope of
clauses (e) and (f) of Section 111 of the TP Act and
under.
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but something amounting to a virtual taking
of possession. Whether this has occurred is a
question of fact.
principle, the question involved in this case has to
be examined.
33. Perusal of Agreement to Sell dated 13.05.1993
provides much less in specific terms as to what will
be the fate of the tenancy. In other words, none of
the conditions set out in the agreement 13.05.1993
intended to surrender the tenancy rights.
an agreement of sale of the tenanted property. In
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surrender their tenancy rights as contemplated in
clauses (e) or (f) of Section 111 of the TP Act while
entering into an agreement to sell the suit house, it
would have made necessary provision to that effect
by providing a specific clause in the agreement. It
was, however, not done. On the other hand, we find
that the conditions set out in the agreement do not
make out a case of express surrender under clause
(e) or implied surrender under clause (f) of Section
111 of the TP Act.
35. It is for this reason, the law laid down by this
Court in the case of R. Kanthimathi (supra) has no
application to the facts of this case and is, therefore,
distinguishable on facts. Indeed, it will be clear from
mere perusal of para 4 of the said decision quoted
hereinbelow:
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as such changes on the execution of an
agreement of sale with the landlord. It is
relevant at this junction first to examine the
terms of the agreement of sale. The relevant
portions of the agreement of sale records the
following:
I shall be proceeding to Coimbatore and
shall execute the sale deed and present the
same for admission and registration before
the Registering Authority, accepting and
acknowledge payment of the balance of
consideration of Rs. 5000/ (Rupees five
thousand only) at the time of registration
and shall complete the transaction of sale
and conveyance as the property demised has
already been surrendered to your
possession.” (Emphasis in Original)
holding that these italicized words in the agreement
clearly indicate that the parties had really intended
to surrender their tenancy rights on execution of the
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agreement of sale and bring to an end their jural
relationship of the landlord and tenant.
37. As observed supra, such is not the case here
because we do not find any such clause or a clause
akin thereto in the agreement dated 13.05.1993 and
surrender the tenancy agreement either expressly or
impliedly.
38. In the light of the foregoing discussion, we are
of TP Act due to execution of the agreement dated
13.05.1993 between the parties for sale of the suit
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notwithstanding execution of the agreement dated
13.05.1993
appellant (lessee) under Section 21 (1) (a) of the UP
Act and seek the appellant's eviction from the suit
house after determining the tenancy in question.
whether the execution of agreement, in any manner,
house in the context of the TP Act and the UP Act
and not beyond it.
41. Coming to the next question as to whether the
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need for his residence and the members of his
family as contemplated under the UP Act, suffice it
binding on this Court. Even otherwise, we find no
reason that the respondent being a landlord and a
retired man has every right to live in his house with
his family. Therefore, there is no perversity in the
finding of the High Court on this issue.
arrived at by the High Court in the impugned order.
It does not call for any interference.
dismissed.
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44. The appellant is, however, granted three
months’ time to vacate the suit house subject to the
Court within two weeks from the date of this order
including three months rent to be paid in advance
date of this order. The arrears of rent, as directed,
be paid by the appellant to the respondent within
one month from the date of this order.
………...................................J.
[ABHAY MANOHAR SAPRE]
....……..................................J.
[DINESH MAHESHWARI]
New Delhi;
January 28, 2019.
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